syncDriver for OneDrive 2.3 Copyright (c) 2011-2014, syncdriver.com All Rights Reserved END USER LICENSE AGREEMENT (EULA) NOTICE TO USER: PLEASE, READ THIS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE 1. DEFINITIONS When used in the Agreement, the following terms have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: "Licensor" means syncDriver.com. "Software" means all of the contents of the files downloaded from the Licensor's website, including but not limited to (i) registration information, i.e. License key; (ii) Documentation; and upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by syncDriver.com. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software. "Licensee" means You or Your Company, unless otherwise indicated. "Computer" means a device that accepts information in digital form and manipulates it for a specific result based on a sequence of instructions. 2. GENERAL USE You are granted a non-exclusive License to Use the Software for an unlimited period of time. The software product under this License is provided free of charge. Even though a License fee is not paid for the use of such software, there are still conditions for using such software. 2.1. The Software may be Used by the Licensee for any legal purpose. 2.2. The Software may be Used by the Licensee on any number of computers owned or controlled by the Licensee. 2.3. The Software can be copied and distributed under the condition that original copyright notice will remain unmodified and the Licensee will not charge fees for the Software product. 2.4. The Licensee will not have any proprietary rights to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights to the Software. 2.5 No royalty or licensing fees shall be paid by the Licensee for Use of the Software within the scope of this License. 3. INTELLECTUAL PROPERTY RIGHTS 3.1 The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor. This License does not transmit any intellectual rights on the Software. 3.2 The Software is protected by Copyright Law and international treaty provisions. 3.3 Every copy that the Licensee makes pursuant to this Agreement must contain the same copyright and other proprietary notices that appear in the Software. 3.4 The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. 3.5 The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor. Any attempts to reverse-engineer, modify or alter in any way the installer program without the Licensor's specific approval are strictly prohibited. 3.6 Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. 3.7 Trademarks are used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any ownership rights in that trademark. 4. WARRANTY 4.1 The Licensor warrants that: 4.1.1 It owns the Software and documentation or is in possession of valid licenses that support the terms of this agreement. 4.1.2 To the best of its knowledge, the Software does not violate any intellectual property right of a third party and the Licensor will indemnify, defend and hold the Licensee harmless in the event of a claim related thereto. 4.1.3 The Software does not contain any computer instructions that alter, destroy or inhibit the processing environment, does not collect Licensee's private information and Live ID account credentials, and does not sent them to Licensor. 4.2 Except warranties specified in section 4.1 above, the Software is being delivered to the Licensee "AS IS" and the Licensor makes no warranty as to its performance or applicability to any business purpose. 4.3 The Licensor does not guarantee working capabilities of the Software within the entire life cycle of the product. The functionality of the Software depends on the officially undocumented exchange protocol between the Software and Microsoft Windows Live OneDrive servers. The Licensee agrees that in case of changes in the protocol, or the set of available operations over OneDrive objects, or other factors related to Microsoft Live OneDrive, the functionality of the Software may be broken. 4.4 The Licensor cannot guarantee further support of the Software in case if changes made to the OneDrive service make it impossible to restore the functionality of the Software within reasonable time and costs. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the Licensee in his jurisdiction, the Licensor make no warranties, conditions, representations, or terms as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. 5. LIMITATION OF LIABILITY In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. In no event will the Licensee be liable to The Licensor on condition that the Licensee complies with all terms and conditions stated in this License. 6. NON-WAIVER If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement. Thank you for using syncDriver!